Atlanta Divorce Attorney Blog

In part two of our ten part series on how to effectively use mediation, we will continue to examine steps to take to make sure you and your Atlanta divorce lawyer are ready for mediation. This blog will also work if you and your spouse plan on using mediation to settle your case without an Atlanta Divorce lawyer. This blog continues on the theme of the last blog, and that is BEING PREPARED.

Emotion - Being prepared does not just mean getting a handle on the financial situation. Once you and your Atlanta divorce lawyer are satisfied that you have a complete understanding of you and your spouses' assets and liabilities, you need to prepare yourself emotionally. This can take several forms. Often, you need to discuss your anger or depression with Atlanta divorce lawyer in order to be able to put those feelings aside and negotiate in your own best interest. You need to be able to swallow your pride and focus on the end result, rather than on your feelings of vindictiveness or pain.

You need to be prepared intellectually, regardless of whether your spouse is. This involves listening to your Atlanta divorce lawyer when he or she tells you what a realistic outcome would be in Court. Your Atlanta divorce lawyer is there to honestly assess the case for you so that you understand what might reasonably be won if your Atlanta divorce case went to trial. For example, if you are insistent that you receive alimony, but the facts of the case do not suggest that a court would be sympathetic to such a claim, then it is imperative that your Atlanta divorce lawyer go over this with you before negotiation begins so that, if the other side refuses to pay alimony, you do not feel that you have conceded a valuable right that you would have obtained through litigation.

Continue reading " How to Effectively Use Mediation to Settle with Your Atlanta Divorce – Part II " »

We are excited to announce that effective October 5, 2009 we have moved our Alpharetta office location to 11475 Great Oaks Way; Suite 125; Alpharetta, GA 30022. Our phone numbers will remain the same - 678-879-9000.

In part one of our ten part series on how to effectively use mediation, we will examine steps to take to make sure you and your Atlanta divorce lawyer are ready for mediation. This blog will also work if you and your spouse plan on using mediation to settle your case without an Atlanta Divorce lawyer. The first item that we will cover is BEING PREPARED.

Assets & Liabilities - It is essential that both you and your Atlanta divorce lawyer have a clear understanding of exactly what is in the marital state, a complete list of all of the assets and liabilities, current account balances, and current business evaluations, if applicable. Many Atlanta divorce lawyers like to use a "marital balance sheet," or “MBS.” This is a sheet (usually prepared in Microsoft Excel) that contains the assets and liabilities of the marriage. It is most helpful when you have documentation to support the numbers on the MBS. Then, if called upon, you can then prove any of the figures.

When you and your spouse do not have a clear picture of your assets and liabilities, respective incomes, needs, and what the custody issues are, mediation and negotiating will be wasted and bad feelings will be fostered because you and your spouse will not be talking about the same thing and you may end up arguing over issues which are really non-issues. Moreover, if you are paying the mediator and your Atlanta divorce lawyer by the hour, it is in your best financial interests to stay focused on mediating the core of your case, not peripheral issues.

Child & Spousal Support - You and your spouse should prepare an accurate budget, normally in the form of a Domestic Relations Financial Affidavit that sets out your basic needs. You should exchange all documents, such as bank and other account statements, pay stubs, tax returns, insurance plans, pension information, etc., that provide a complete picture of you and your spouse’s financial situation. This is relatively simple if you and your spouse are W-2 wage earners and own a house and a simple retirement plan.

It can be more difficult if there is significant separate property involved, complex compensation issues (e.g. stock options), or other complicated financial situations. Obviously, if you and your spouse have filed a financial statement recently in which you have signed under oath that all assets and liabilities have been disclosed on the statement, that document should be provided to both of you. If you have a more complicated estate, an Atlanta divorce lawyer can be invaluable, especially since more complicated marital estates are often laden with tax complications.

Providing the other side with this information before meeting can save time, especially if the Atlanta divorce lawyers can agree on the MBS ahead of time. Once the Atlanta divorce lawyers have the same information and can agree on such issues as income, the property at issue, and you and your spouse’s net worth, the chances of a successful settlement negotiation are tremendously heightened.